4501-45-02 Certification requirements for immobilizing or disabling devices other than ignition interlock devices.  

  • Text Box: ACTION: Original Text Box: DATE: 03/15/2010 4:35 PM

     

     

     

    NOTIFICATION OF PUBLIC HEARING OHIO DEPARTMENT OF PUBLIC SAFETY

     

    Date:               April 15, 2010

    Time:              10:00 a.m.

    Location:          Ohio Department of Public Safety 1970 West Broad Street, Room 109

    Columbus, Ohio 43223

     

    Notice is hereby given that the Ohio Department of Public Safety intends to consider the rescission of rules 4501-45-01, 4501-45-02, 4501-45-03, and 4501-45-04, and the

    adoption of new rules 4501-45-01, 4501-45-02, 4501-45-03, 4501-45-04, 4501-45-05,

    4501-45-06, 4501-45-07, 4501-45-08, 4501-45-09, and 4501-45-10 of the Ohio

    Administrative Code in accordance with Chapter 119. of the Ohio Revised Code.

     

    This rule filing is being proposed to implement changes to the certification and licensing process for immobilization and disabling devices and ignition interlock devices pursuant to House Bill 1 of the 128th General Assembly and Senate Bill 17 of the 127th General Assembly.

     

                                          , proposed as new, provides the definitions applicable to chapter 4510-45, replacing 4501-45-02, proposed for rescission;

                                          , proposed as new, sets forth certification requirements for immobilizing or disabling devices, other than ignition interlock devices;

                                          , proposed as new, sets forth licensing requirements for manufacturers; 4501-45-04, proposed for rescission, requires manufacturers to notify the originating court upon removal of an ignition interlock device;

                                          , proposed as new, sets forth certification requirements for ignition interlock devices and replaces in part, 4501-45-01 and 4501-45-03, proposed for rescission;

                                            establishes the process for denial, suspension, or revocation of a manufacturer's license or certification of devices and replaces in part, 4501-45-01, proposed for rescission;

                                            establishes an appeal process following the denial, suspension, or revocation of a manufacturer's license or certification of devices;

                                            sets forth a penalty schedule for failure to timely file an annual report and/or pay the total annual report fee as required by R.C. 4510.45;

                                            sets forth the process for assessments made against a manufacturer who fails to file an accurate annual report and/or pay the total annual report fee as required in R.C. 4510.45;

                                            establishes the design and application of warning labels for devices and replaces in part, 4501-45-03, proposed for rescission;

                                            refers to the inspection of records

     

    Any persons affected by the proposed rescission and adoption of these rules may appear at the hearing and be heard in person, or by an attorney, or both, or may present their position, argument, or contention in writing. Persons may offer and examine witnesses

     

     

     

     

     

    and present evidence to show that the proposed amendments and/or rescission will be unreasonable or unlawful.

    Requests for copies of the proposed rules and/or public comments may be submitted in person or by mail at the following address:  Office of Legal Services, Ohio Department of Public Safety, 1970 West Broad Street, Suite 531C, Columbus, Ohio 43223, Telephone: (614) 466-5605.